Episode 137: everything you’ll need for ‘Act of God’ grievances.

This episode of From A to Arbitration is dedicated to providing detailed information and guidance on filing “Act of God” grievances. Corey emphasizes the importance of thorough preparation for these types of grievances, highlighting a series of cases where such grievances were successfully filed, particularly those spearheaded by guest JB.

The episode begins by discussing Corey’s approach to grievance advocacy. He reiterates his commitment to representing the letter carriers’ interests, even when encountering criticism or resistance. He then delves into the specifics of “Act of God” grievances, outlining the criteria and requirements for successful claims.

Corey provides a detailed breakdown of the relevant sections of the Employee Labor Relations Manual (ELM), specifically focusing on Section 519. He emphasizes the importance of documentation and evidence, including community disaster declarations, road closures, official warnings, and evidence that the disaster prevented a significant number of employees from reporting to work.

He emphasizes that an “Act of God” event must be general in scope, affecting many workers, rather than personal issues that prevented individuals from showing up for work. This point is critical in distinguishing between legitimate and illegitimate claims. Further, Corey stresses the need to document the extent to which the event actually impacted work performance and delivery.

Corey explains the union’s burden of proof and discusses examples of previous arbitration decisions related to “Acts of God” and the steps required to support a case, detailing what types of evidence to gather and how to present it to management, arbitrators, and the union. Corey also dives into what constitutes “reasonable diligence” in an “Act of God” scenario and stresses the importance of a carrier documenting their efforts to get to work.

The episode concludes by providing detailed guidance on how to structure Act of God grievances, including examples of what to request in a formal step A meeting and what to include in your case file. Corey also provides the basic language of management’s position on these types of grievances and details for advocates on how to challenge this argument. He reiterates his dedication to educating members and supporting their grievances. He ends by highlighting the importance of building a strong union.

The overall message is about the importance of being prepared and organized in advocating for letter carriers, especially concerning weather-related absences and seeking proper administrative leave.